Certificate of Public Need & Certificate of Need
Providers across the health care delivery spectrum rely on Williams Mullen to help them identify and act on opportunities to develop services and medical care facilities in jurisdictions with Certificate of Need (CON)/Certificate of Public Need (COPN) requirements, including Virginia, North Carolina, Florida, and Washington, D.C.
Our lawyers have years of experience with all aspects of the CON and COPN processes. We work with clients at every stage, from strategy-setting to preparation of applications to the agency review process, and on to adjudicated hearings and appeals when necessary. Representing hospitals, physician groups, nursing facilities, imaging centers, hospice organizations, and others, Williams Mullen’s health care team has an active practice advocating for clients in the full range of CON and COPN matters.
We have experience coordinating with health planning consultants, economists, clinicians, and other expert witnesses and can structure our representation to be responsive to individual client needs.
Virginia COPN
A Chambers USA-ranked health care practice in Virginia, we are known for our understanding of the health care industry and the various markets in Virginia, broad representation across provider types, and a long history in COPN matters.
Our attorneys have advised clients on all stages of the COPN process, including initial data analysis, strategy, and COPN proposal development, as well as the administrative and appellate stages. We also assist with defensive positioning against competitive applications.
Attorneys at the firm are particularly skilled in navigating Virginia’s regulatory framework and have extensive knowledge of the Virginia Department of Health (VDH) and its processes and procedures. In addition to the COPN process, we represent clients in assessing other regulatory processes, licensure matters, and the regulatory elements of transactions.
North Carolina CON
We provide comprehensive legal services to providers seeking to secure a North Carolina CON, including data analysis, strategic planning, and assistance with detailed proposals to the North Carolina Department of Health and Human Services, Division of Health Service Regulation, Healthcare Planning and Certificate of Need Section (“North Carolina DHHS”).
Williams Mullen represents clients in developing CON proposals and strategy and in trials and appeals concerning CON approvals for operating rooms, endoscopy rooms, diagnostic centers, PET, LINAC, and MRI scanners, cardiac catheterization equipment, free-standing emergency departments, skilled nursing facilities, assisted living facilities, home health agencies and hospice agencies.
In addition, we provide advice to clients in the sale and acquisition of CON-regulated assets including advice on CON compliance, exemptions, and "no review" letters.
Our attorneys litigate CON matters before the Office of Administrative Hearings, the North Carolina Court of Appeals, and the North Carolina Supreme Court, including representation of clients through all phases of discovery, at hearing, and in appellate litigation. We also represent clients in the arbitration of disputes involving CON-approved capacities.
Following the award of regulatory approval, we advise clients on the initial phases of project development and required reporting to the North Carolina DHHS.
Additional Service Areas
We can also help clients navigate all phases of the CON process from applications for CON approvals to contested case and appellate litigation in Washington, D.C. and Florida.
